www.roarproject.org

The Alliance for the Prudent Use of Antibiotics, Inc. (“APUA”) has created this web site to provide an online platform for information relating to antibiotic resistance research, including providing scientific network and funding opportunities, relevant links, an annotated bibliography (the “ROAR Literature Database”) and raw commensal isolate data for analysis (the “ROAR Isolate Database”).

To assist you in using our www.roarproject.org web site (the “Web Site” or the “Site”), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read our Privacy Policy and our Terms and Conditions of Use carefully – they impose legal obligations on you. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.

Terms and Conditions of Use

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms and Conditions of Use (“Terms and Conditions”) constitute the contractual agreement between you and APUA regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words “you” and “your” refer to any person accessing the Site, and the words “we,” “us,” and “our” refer to APUA. The phrase “data submitter” refers to an individual who uploads or otherwise provides original data of any kind to the ROAR Isolate Database. The phrase “data analyzer” refers to an individual who downloads or otherwise acquires and subsequently analyzes any data from the ROAR Isolate Database that was provided by a “data submitter”, and publishes or presents any analysis of these data.

By using our Site, you agree to these Terms and Conditions. In addition, if you become a registered user, during the registration process you will be prompted to click an “I Agree” button, which further confirms your agreement with these Terms and Conditions.

1. Overview

We have organized the elements of our Terms and Conditions in sections. To access a particular topic, please click on the link below.

Registration for Certain Users

Certain Fees for Registered Users

Ownership Of Site Contents

Downloading and Use of Site Contents

User Comments and Submissions

Prohibited Uses

Complaints Over Perceived Infringement

APUA’s Designated Agent

Content of Notice

Our Response; Counter-Notifications

Links To Other Web Sites And Services

Disclaimer of Warranties

Limitation of Liability

Choice of Law and Jurisdiction

We have also included a variety of links in the body of our Terms and Conditions to connect related provisions and further assist you in navigating and understanding the Terms and Conditions. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking on the following link: contact us.

2. Registration for Certain Users

You may review a range of information relating to antibiotic resistance research without registering. However, to establish a ‘My ROAR’ account, to obtain access to the ROAR Databases, to post information (including original data) on our site, and to access customized functions and certain other materials or information from our Site, we require that you become a registered user (or “Join the ROAR Network”). Our registration forms will specify the information that you must provide in order to register, and the information that you may, at your option, choose to provide or withhold. In connection with registering at our Site, you agree to provide us with accurate, complete, and updated information required by the registration form (“Registration Data”), including, without limitation, your legal name, address, telephone number(s), and such other information that may be required by such forms. You agree to notify us within fourteen (14) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Site. Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy.

When you register at our Site, you will be given a “user id” and you will create a “password,” providing you access to the databases and associated services and materials. When you re-visit our Site, this user id and password will provide this same access to you. If you become a registered user of our Site, you agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our “My ROAR” page on our Site. You agree to be responsible for, and to release, indemnify and hold APUA, and its officers, directors, employees, agents, licensors, and suppliers, harmless from, any unauthorized use of your login name or password.

3. Ownership Of Site Contents

Data submitted to and contained within the ROAR Isolate Database is within the public domain. This information may be downloaded by registered users, distributed, and copied. However, it is required that in any subsequent use of this data, the original data submitter and the data source be given appropriate acknowledgement (see 4. Downloading and Use of Site Contents).

This site also contains resources such as news articles and PDF journal articles that may incorporate material contributed or licensed by individuals, companies, or organizations that may be protected by U.S. and foreign copyright laws. All persons reproducing, redistributing, or making commercial use of this information are expected to adhere to the terms and conditions asserted by the copyright holder. Transmission or reproduction of protected items beyond that allowed by fair use (PDF) as defined in the copyright laws requires the written permission of the copyright owners.

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the “Contents”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by APUA (or used in accordance with “fair use” principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by APUA.

The phrase “APUA” and APUA logo is a federally registered trademark owned by APUA. Other trade names and trademarks present on the Site either are owned by APUA, appear with the permission of their respective owners, or appear under principles of “fair use.” Unless otherwise noted, by using a third party’s trademark or trade name on this Site, APUA does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and APUA hereby expressly disclaims any such affiliation or endorsement.

4. Downloading and Use of Site Contents

The Contents of our Site, and the Site as a whole, are intended strictly for educational, scientific, and other noncommercial use by the users of our Site (collectively, “Permitted Uses”). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials and adhere to related terms in section 3. Ownership of Site Contents.

Public domain data in the ROAR Isolate Database and associated information are intended for downloading, distribution, analysis, and publication by registered users. Notwithstanding the foregoing, in connection with any Permitted Use of original isolate data from the ROAR Isolate Database, if you did not generate and submit such data, you are required to properly acknowledge the source of the Content as follows:

(a) If you are not the original data provider or “data submitter” and you present data or an analysis of data from the ROAR Isolate Database in a public forum (for example, at a professional meeting), you agree (i) to acknowledge the Site by describing the data source as “The ROAR Isolate Database, http://db.roarproject.org.”; (ii) to include an attribution to the specific data submitter(s) (those who provided datasets used by you); and (iii) to provide notice of your use of such data or analysis to APUA by posting the abstract citation at your My ROAR page [URL to come] or by contacting APUA directly.

(b) If you are not the original data provider or “data submitter” and you publish data or an analysis of data from the ROAR Isolate Database you agree (i) to acknowledge the Site, the specific data submitter(s), and the specific dataset(s) used in your analysis by citing the data source as “Dataset [Dataset ID] provided by [name of investigator(s)] to the ROAR Isolate Database, http://db.roarproject.org”; and (ii) to provide notice of your publication of such data or analysis to APUA by posting the publication citation at your My ROAR page [URL to come] or by contacting APUA directly.

No right, title, or interest in any downloaded Content or any related software is transferred to you as a result of any such downloading or copying. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software (except as provided above). Users may not sell any contents of the site under any circumstances. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.

5. User Comments and Submissions

With the exception of raw data submitted to the ROAR Isolate Database, all comments, feedback, postcards, suggestions, ideas, information, photographs, video clips, sound clips and other submissions disclosed, submitted or offered to us in connection with your use of this Site (collectively, “Comments”) shall be the property of APUA. You agree that, as long as we comply with our Privacy Policy, we may use or disclose Comments in any manner. Without limiting the foregoing, you acknowledge and agree that any Comments you provide may be accessible by the public in general and/or other registered users through use of the Site. Moreover, provided we comply with our Privacy Policy, we shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Site for any purpose whatsoever, including but not limited to developing services using such information.

Original isolate data submitted to the ROAR Isolate Database by the investigator(s) who generated the data (“data submitter(s)”) becomes public domain upon submission. By submitting original isolate data, you agree that we may enter these data and associated information into the public domain. You agree to allow us to contact you for quality control and related purposes.

APUA does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments or other submissions including original isolate data. APUA has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site, including isolate data. You represent, warrant and agree (i) that you are authorized to submit the Comments and/or isolate data and associated information you provide to us; and (ii) that all Comments and/or isolate data and associated information submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments, as APUA shall have no obligation to return any Comments to you.

Without limiting any of the foregoing, you furthermore agree that APUA may use or disclose information about you and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.

6. Prohibited Uses

In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, “spam,” threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. APUA disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, APUA will comply with court orders directing APUA to disclose the identity of users posting such information or materials, or otherwise directing compliance by APUA.

You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, “bots,” or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.

7. Complaints Over Perceived Infringement

APUA respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, APUA will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems.

If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.

7.1. APUA’s Designated Agent

If you believe materials posted on our Site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our “Designated Agent”):

e-mail:

Alliance for the Prudent Use of Antibiotics

75 Kneeland St.

Boston, MA 02111

Attention: Ron Lanoue

7.2. Content of Notice

You should notify our Designated Agent of your concerns as follows:

(i) Place your concerns in writing, and sign the document;

(ii) Identify the Work, which you believe is being infringed;

(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and

(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.

To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.

7.3. Our Response; Counter-Notifications

Upon receipt of a proper notice in the form specified above (a “Notice”), we will remove or disable access to the materials on our site which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the “Respondent”) that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a “counter-notification.” Upon receipt of a proper counter-notification, we will act as provided in the Digital Millennium Copyright Act.

8. Links To Other Web Sites And Services

APUA does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. APUA does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users’ convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites.

In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of APUA’ is used as part of the link to this Site.

9. Disclaimer of Warranties

While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. APUA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE. YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK.

You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

10. Limitation of Liability

NEITHER APUA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY’S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:

· ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;

· ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR

· ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.

11. Choice of Law and Jurisdiction

This Site is controlled and operated by APUA from its location in Boston, Massachusetts. These Terms of Use, and our Privacy Policy, shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in Suffolk County, Massachusetts.

APUA makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.

12. Modifications

We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.

In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.

13. Assignment

APUA may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that APUA may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by APUA’ then-applicable Privacy Policy.

14. Indemnities

You agree to indemnify APUA, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site or any Content and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.

15. Access Privileges

APUA may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.

16. Severability

If any provision of these Terms and Conditions or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision.

17. Survival

Without limiting any other provisions of these Terms and Conditions or the Privacy Policy, (a) your indemnification obligations under Section 2 (Registration for Certain Users) and Section 4 (Ownership of Site Contents), 5 (User Comments and Submissions), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Choice of Law and Jurisdiction), 13 (Assignment), 14 (Indemnities), 16 (Severability) and 18 (Complete Agreement) of these Terms of Use; and (b) Section 6.5 (Relationship to Terms of Use) of the Privacy Policy, shall survive any termination of these Terms of Use and/or the Privacy Policy.

18. Complete Agreement

In addition to these Terms and Conditions (and Subscription Agreement, if any), your use of our Site is also subject to our Privacy Policy. Together with our Privacy Policy, these Terms and Conditions (and Subscription Agreement, if any) constitute the entire agreement between you and APUA with respect to use of the Site and supercede any and all prior representations and agreements, oral or written, relating to the subject matter hereof.

19. Your Consent

By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Site.

20. Contact Us

You may contact us, for any reason, by e-mail as follows:

http://www.roarproject.org/ROAR/html/contact.htm

You may contact us by mail as follows:

Alliance for the Prudent Use of Antibiotics

75 Kneeland St.

Boston, MA 02111

Last revised: March 19, 2006